Personal space in the age of covid19

[bernorange 8348]

I tried searching for applicable Texas law on personal space invasion but I'm not finding anything specific.  In this age of covd19 social distancing, it seems to me that the reasonable understanding of personal space has enlarged to the area in a six foot radius from one's person.  Much like with that insane PA woman who coughed all over the entire inventory of a grocery store, there are peeps that don't abide the covid19 social distancing wisdom.  What rights do Texas citizens have for defending themselves from idiots invading their space?

[Continental Op 3934]

I'm sure there's a bunch of folks who love to tug their dicks about "good guys with guns" over on Daily Texan who would love to get carte blanche to drop a round or three in anyone who came within 6 feet of them.

[ChiTownDoc 21101]

I'm glad you put this in politics so we could insert the Biden/Trump joke of our choice.  Well done...

[workswithseed 2036]

4 hours ago, Continental Op said:

I'm sure there's a bunch of folks who love to tug their dicks about "good guys with guns" over on Daily Texan who would love to get carte blanche to drop a round or three in anyone who came within 6 feet of them.

How many of the posters do you think have killed people with thier legal guns?

[Pato del Muerto 52342]

Maybe I need to carry my bear spray with me at all times. That would be a fair deterrent. 

[Chico_SA 521]

2 hours ago, workswithseed said:

How many of the posters do you think have killed people with thier legal guns?

Less than the dick tuggers he mentioned. Dick tugger?

[UDontKnow 10439]

Some extension of the Stand Your Ground Law?

Obligatory:

[bernorange 8348]

I found this general description (bold emphasis mine):

Quote

Assault in the United States is a broadly defined charge of violent crime which constitutes an attempt to commit battery.  Assault charges may be as minor as the classification of Simple assault, which does not result in any bodily injury upon the plaintiff. Simple assault is the violation of one’s personal space without consent that does not result in physical harm. Importantly, simple assault charges, unlike menacing charges, must result in physical contact.

If no physical contact occurs between the plaintiff and defendant in a simple assault claim, there can be no judgment for the plaintiff, even if the court deems the defendant’s conduct inappropriate. Charges of harassment or obscenity are options for plaintiffs who feel violated but were not physically contacted by the offender.  

Aggravated Assault charges are treated as felonies and include attempts to cause severe incapacitating bodily injury to another which needs to be foreseen, or attempts to injure another with a deadly weapon. If the attempts are successful, the Aggravated Assault charges will be pressed in conjunction with Battery or weapon charges, respectively.
...

https://tort.laws.com/intentional-interference/with-a-person/with-a-person-assault

I looked around some more and found:

Quote

StatuteTexas Penal Code § 22.01, et seq.

Statutory Definition of Assault

A person commits an offense if the person:

Intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

https://statelaws.findlaw.com/texas-law/texas-assault-and-battery-laws.html

In present circumstances, the act of touching a stranger could reasonably be construed as offensive or provocative.  Merely entering a stranger's personal space doesn't seem to fit the definition of Texas' assault statute.

Also:

Quote

...
Texas law is very clear on the definition of harassment. There are two primary elements to a harassment offense. These elements are:

    The intent of the perpetrator
    The harassing behavior itself

The first component, intent, refers to the desire or goal of the person committing the act. According to Texas Penal Code Section 42.07, a person committing harassment must have an intent to “harass, annoy, alarm, abuse, torment or embarrass” another person.
...

https://www.txcrimdefense.com/harassment-laws-in-texas/

It would seem that this statue might apply if you give warning and a stranger proceeds belligerently.

~~~

@ChiTownDoc  - I realize the level of discourse in Surly CR these days is barely above Neanderthal grunting and drooling, but the discussion of law (what is, what should be) is inherently a political discussion.  Team Red vs. Team Blue is not the sum total of potential political discourse.  I am apparently one of few peeps around here that still believe there is sufficient capacity within the Surly community to engage in an intellectual discussion.  So I put it to you - are you part of the problem or part of the solution?

Edited April 1, 2020 by bernorange

[fattyflattie 4636]

4 hours ago, bernorange said:

I am apparently one of few peeps around here that still believe there is sufficient capacity within the Surly community to engage in an intellectual discussion.

In the CR?  Sure.

[Al Bundy's Napoleon Hand 13546]

All I know is I finally get to hit randos with a whiffle ball bat.

[Biff Tannen 45494]

4 hours ago, bernorange said:

It would seem that this statue might apply if you give warning and a stranger proceeds belligerently.

[bernorange 8348]

Wow.. You held on to that typo for four hours after I had fixed it.  Impressive.

[softlynow 1783]

Offensive touching is a Class C misdemeanor, as in traffic ticket level. Jails are emptying. Probation offices are shuttered. Ain’t nobody got time for nonsense tickets, no matter what noise DA’s like the one here in Montgomery County is making about severe enhancements for offenses during this crisis.

if a cop witnesses something, maybe. But when this is all over JP and municipal courts will be backlogged like the others (no evictions for 2-4 months at least).

Self-help is your best deterrent. As in stay home. 

[bernorange 8348]

Thanks softly.  Does the presence (or threat) of communicating a contagious disease (virus) color the issue at all?

[softlynow 1783]

On 4/1/2020 at 1:52 PM, bernorange said:

Thanks softly.  Does the presence (or threat) of communicating a contagious disease (virus) color the issue at all?

For standing too close? Doubtful.

[bernorange 8348]

I started this thread to explore an issue that I thought was inevitable.  I looked around this morning and found several news items related to it. 

Quote

...
Baruch Feldheim, 43, is charged with assaulting a federal officer and making false statements to law enforcement. ...
...
On Sunday, the FBI approached Mr. Feldheim saying they wanted to stay a distance away because of the coronavirus. When the agents were in four-to-five feet of him, the defendant coughed in their direction without covering his mouth, prosecutors said.
...

https://www.washingtontimes.com/news/2020/mar/30/baruch-feldheim-coughs-fbi-agents-after-claiming-c/

Quote

Police arrested the 32-year-old woman on Thursday suspected of killing an 86-year-old woman at Woodhull Hospital for not practicing proper social distancing.

Cops charged Crown Heights resident Cassandra Lundy with manslaughter and assault for allegedly shoving Williamsburg senior Janie Marshall to the ground at the Broadway medical facility on March 28.

Marshall was walking in the emergency room and stopped to hold onto the suspect’s intravenous pole when the younger woman got mad at her for not keeping a safe distance of six feet apart to prevent the spread of COVID-19, a police spokesman previously said.
...

https://www.brooklynpaper.com/update-police-arrest-woman-for-killing-senior-over-social-distancing/

This one not specific to a violation of personal space, but is related to social distancing rage violence:

Quote

A man was charged with assault after punching two women in the head, Houston police said.
...
Carlos Beal reportedly punched the store manager and assistant manager after they asked him to wait in line. The store was practicing the social distancing order, and was only letting 10 people inside at a time.
...

https://www.msn.com/en-us/news/crime/man-charged-with-assault-in-case-of-social-distancing-rage/ar-BB11IrNp

Quote

Police say a Missoula man brandished a shotgun toward another man who told him to adhere to social distancing guidelines in a gas station checkout line.

Officers responded to a convenience store at the 400 block of South Russell at about 1 a.m. Saturday, Sgt. Travis Welsh said.

Timothy John Foley, 30, reportedly became upset when another man in the checkout line told him to practice social distancing in the store, Welsh said. Foley challenged the second man to "settle this outside," Welsh said. The man responded, "I don't want to fight, I just don't want to get sick," Welsh reported.

When the second man went into the parking lot, Foley was reportedly waiting for him with a shotgun pointed barrel down, Welsh said. The victim went back inside and called police, Welsh said. Officers stopped Foley as he was leaving the store, and found the shotgun in his vehicle, Welsh said.
...

https://missoulian.com/news/local/crime-and-courts/police-man-grabs-shotgun-after-social-distance-request/article_29a6382f-c652-5961-9600-f75f28269230.html

 

[bernorange 8348]

Lulz...

https://www.surlyhorns.com/board/index.php?/topic/14316-covid-19-surgical-mask-debate-not-n95/&do=findComment&comment=2171780